Judgment Search Results Home > Cases Phrase: finance act 1968 section 28 amendment of section 280zb Page 100 of about 19,714 results (0.291 seconds)

M/S. Pancea Biotec Ltd. Vs. Cce, Delhi-ii

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... 267) elt 153 (guj.). 7. shri nagesh pathak, learned dr for the revenue has fairly conceded that in view of retrospective amendment brought into cenvat credit rules vide finance act, 2010, the appeal needs to be remanded back to the adjudicating authority for de novo adjudication in the light of the rule 6 of cenvat credit rules as amended by ..... the cenvat credit in relation to the inputs used for manufacture of exempted final product. as such, he is entitled to the benefit of the amendment brought in by the finance act, 2010. in support of this plea, ld. counsel has relied upon the judgment of gujarat high court in the matter of shree rama multi tech ltd. vs. ..... of the exempted products under rule 6(3) of the cenvat credit rules. 6. ld. counsel further submitted that cenvat credit rule 6(3) was amended vide finance act, 2010 retrospectively and by way of said amendment an option was given to the manufacturer of dutiable or exempted goods not to maintain separate account for inputs that he .....

Director of Income Tax-ii Vs. Ohm Limited

Court : Delhi

..... was specifically confined in its applicability to non-residents only and the amendment made to that effect was also made with retrospective effect from 01.04.1983. section 44da was inserted by the finance act, 2003 w. e. f. 01.04.2004 and it applies to a nonresidents only. the other amendments which we have to notice is that the ..... second proviso to section 44da was inserted by the finance act, 2010, w. e. f. 01.04.2011; by the same act a reference to section 44da was inserted in the proviso to sub-section (1) of section 44bb.8. in coming to its decision that section 44bb is the appropriate section which is applicable to the assessee, the aar ..... assessed on the basis that 10% of the revenues will be deemed to be the profits as provided in section 44bb. in other words, the amendment made by the finance act, 2010 w. e. f. 01.04.2011 in both the sections, cannot have the effect of altering or effacing the fundamental nature of both the provisions or their respective .....

M.m. Aqua Technologies Ltd. Vs. Commissioner Of Income Tax, Delhi - Ii ...

Court : Supreme Court of India

..... the liability and do not discharge the same. for some reasons or the other, undisputed liabilities also are not paid. 35.3 to curb this practice, the finance act has inserted a new section 43b to provide that deduction for any sum payable by the assessee by way of tax or duty under any law for the time being in force or ..... and any interest referred to in that clause which has been converted into a loan or borrowing shall not be deemed to have been actually paid. 1117. section 43b was originally inserted by the finance act, 1983 w.e.f. 1st april, 1984. the scope and effect of the newly inserted provision, at that point, was explained by the central board ..... reasoning of the itat in some detail and then the arguments of counsel for the appellant and respondent. in para 8, the judgment then set out section 43b with explanation 3c, which was inserted by the finance act, 2006 6 retrospectively w.e.f. 1.4.1989. the high court concluded, based on explanation 3c, as follows: 10. now, explanation 3c, .....

Uniworth Ltd. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... aspect.5. as regards the contention that the expression "the provisions of this section", occurring in the explanation to section 114a, which was added along with the provisos by section 81 of the finance act, 2000, will have reference only to section 81 of the finance act, 2000 and not to the other provisions of section 114a, it would suffice for us to observe at this stage that once ..... the amendment was made in section 114a, by virtue of section 81 of the finance act, 2000, the explanation became part of section 114a and the expression .....

SunwIn Technosolutions Pvt. Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2007)7STT109

..... 24/2004-st dated 10-9-2004 and is entitled to the benefit of the same. but the department insisted on the appellant to register his company under section 69 of the finance act, 1994. therefore, the appellant made an application for registration under protest on 18-3-05. subsequently, a show cause notice dated 20-7-05 was issued ..... computer software.training or coaching services provided to any person by a commercial training or coaching centre are taxable under sub-clause (zzc) of clause (105) of section 65 of the finance act, 1994 read with clauses (26) and (27) thereof.4.1 under notification no. 24/2004-st dated 10-9-2004, the taxable services provided in relation ..... six hundred and forty-four) for the period relating to 11-9-2001 to 16-3-2005 under section 73 of the finance act, 1994, and imposed a penalty of rs. 1,000.00 (rupees one thousand) under section 77 of the finance act, 1994.4. the appellant is running a computer training centre at ranchi, under a licence agreement with niit .....

Ashwini Kumar Consultants (P.) Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)47ITD1(Delhi)

..... computed under the head "profits and gains of business or profession" (which again will include the three export incentives). the operation of section 80hhc read with section 28, as amended by the finance act, 1990, can be illustrated by way of the following examples : (a) fob exports 100 100 100 100 (b) domestic sale ..... be described as "profits derived from the export of goods or merchandise out of india". the deduction is computed in the following manner:- 5. the finance act, 1990, has amended section 28 by inserting therein, clauses (iiia), (iiib) and (iiic) with retrospective effect with a view to ensuring that cash compensatory support (ccs), ..... many assessing authorities are treating export incentives to be a part of the total turnover. the finance act, 1990, has, therefore, clarified the position by inserting the definition for the term "total turnover" in the explanation below section 80hhc. according to this definition, "total turnover" shall exclude cash compensatory support, duty .....

Commissioner of Income Tax Vs. Halliburton Offshore Services Inc.

Court : Uttaranchal

Reported in : (2004)192CTR(Uttranchal)507

..... payment which he received was for his services in india. in this connection it may be noted that the explanation to section 9(1)(ii) introduced by finance act, 1983 refers to what constitutes 'income earned in india'. this explanation was introduced by finance act, 1983, w.e.f. 1st april, 1979, to get over the judgment of the gujarat high court in ..... ii) of the act, liability to pay must arise in ..... cit v. s.g. pgnatale manu/gj/0015/1980 : [1980]124itr391(guj) in which it was held that in order to attract section 9(1)( .....

M/S. Mahabir Cold Storage Vs. C.i.T., Patna

Court : Supreme Court of India

Reported in : AIR1991SC1357; (1991)91CTR(SC)89; [1991]188ITR91(SC); JT1990(4)SC754; 1990(2)SCALE1226; 1991Supp(1)SCC402; [1990]Supp3SCR469

..... provisions under the repealed act and the act. development rebate was first introduced by the finance act, 1955 with effect from 1st april, 1955, clause (vib) of sub-section (2) of section 10 of the repealed act was introduced by section 8 of the said finance act, which was subsequently amended by section 7 of the finance act, 1958 with effect from ..... 1st april, 1958 and then again it was amended by section 6 of finance act, ..... to tax as well as all its partners in their capacity as individuals if they have taxable income. the appellant is separately registered under section 26a of the act and assessed to tax from the assessment year 1960-61 and onwards. there is no re constitution of the original firm prayagchand hanumanmal inducting .....

Additional Commissioner of Income-tax, Delhi-iii Vs. Joginder Singh

Court : Delhi

Reported in : ILR1983Delhi512; [1985]151ITR93(Delhi)

..... income was effected by the assessed when he filed a return of total income on april 24, 1968. accordingly, it is the substituted clause (iii), brought in by the finance act, 1968, which governs the case. that clause came into effect from april 1, 1968.' 11. before the supreme court, it was also argued by the assessed that under s. ..... attract action under s. 271(1)(c) instead of repeating, over and over again, the formula 'conceals or furnishes inaccurate particulars of income' used in the section or referring specifically to all the situations covered by these words read with the several explanationns. 14. the first situation may be thought to land itself to a ..... return is filed within the extended period it will be deemed to have been filed within the period originally prescribed by the statute. on the contrary, the section contains a provision for payment of interest where the return is filed beyond the prescribed date even though within the extended period. that is evidence of the fact .....

The Additional Commissioner of Income-tax Vs. Joginder Singh

Court : Delhi

Reported in : (1984)40CTR(Del)285

..... assessed when he filed a return of total income on april 24, 1968. accordingly, it is the substituted clause (iii), brought in by the finance act, 1968 which governs the case. that clause came into effect from april 1, 1968.'(6) before the supreme court, it was also argued by the assessed that, under section. 139, the return of income should have been filed by the ..... supreme court in the case of jain brothers and others v.uoi : [1970]77itr107(sc) . the second set of changes was effected by the finance acts of 1964, 1968 and 1975. the finance act of 1964 deleted the word 'deliberately' in section 271(1)(c). and also introduced an explanationn casting the onus of proof on the assessed in cases where the difference between the returned .....